May 28, 2023      2:00 PM

HK: Statute says Senate should set future Paxton trial date by sine die; hard to see a path for Paxton

Why Speaker Phelan was able to hold his Republicans despite direct threats from Trump; Paxton Impeding an FBI investigation adds another level of angst to the Senate while the House provides roadmap to felonies

Per our understanding of the statute, if the Texas House delivers the Articles of Impeachment to the Senate today or tomorrow, the Senate must set a trial for removal of the Attorney General before it adjourns sine die. So, if the House Acts and if the Senate follows the law, the likelihood of an immediate special session is irrelevant to the timing of the future trial since a special session is legislative and the Senate trial is quasi-judicial and does not need the Governor’s involvement.

Key question: If you cut off from his 800 lawyers at the Office of the Attorney General, will Ken Paxton’s billionaire benefactors consider him damaged goods and cut him loose or will they pay the freight to get to a Senate trial where the actual facts supporting the allegations will be front and center? Or does Paxton have the cachet to mount a substantial legal defense fund?

When and if a trial begins, procedural arguments as presented on the House floor yesterday are mooted. The facts will be presented and all of the witnesses will testify under oath.

Paxton has major challenges when it comes to fighting off the facts.

By Harvey Kronberg

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